Subdivision 1. Applicability. (a) This section must be used to determine payment of any claims resulting from an alleged injury or death of a person participating in a county or a tribal uncompensated work experience program under section 256J.49, subdivision 13, paragraph (a), clause (3), that is approved by the commissioner and is operated by:
(1) the county agency;
(2) the tribe;
(3) a state agency; or
(4) a community-based organization under contract with a tribe or county agency to provide an uncompensated work experience program or the Supplemental Nutrition Assistance Program (SNAP) employment and training program under section 256D.60.
(b) This section applies to the community work experience program under section 256J.67, the Supplemental Nutrition Assistance Program uncompensated work experience programs, and other uncompensated work programs approved by the commissioner for persons applying for or receiving cash assistance. Uncompensated work experience programs are considered to be approved by the commissioner if they are included in an approved tribal or county biennial service agreement under section 256J.626, subdivision 4.
Subd. 2. Investigation of the claim. Claims that are subject to this section must be investigated by the county agency or tribe responsible for placing a participant in an uncompensated work experience program to determine whether the claimed injury occurred, whether the claimed medical expenses are reasonable, and whether the loss is covered by the claimant's insurance. If insurance coverage is established, the county agency or tribe shall submit the claim to the appropriate insurance entity for payment. The investigating county agency or tribe shall submit all remaining claims, in the amount net of any insurance payments, to the Department of Human Services.
Subd. 3. Submission of claim. The commissioner shall submit all claims for permanent partial disability compensation to the commissioner of labor and industry. The commissioner of labor and industry shall review all submitted claims and recommend to the Department of Human Services an amount of compensation comparable to that which would be provided under the permanent partial disability compensation schedule of section 176.101, subdivision 2a.
Subd. 4. Claims less than $1,000. The commissioner shall approve a claim of $1,000 or less for payment if appropriated funds are available, if the county agency or tribe responsible for placing a participant in an uncompensated work experience program has made the determinations required by this section, and if the work program was operated in compliance with the safety provisions of this section. The commissioner shall pay the portion of an approved claim of $1,000 or less that is not covered by the claimant's insurance within three months of the date of submission. On or before February 1 of each year, the commissioner shall submit to the appropriate committees of the senate and the house of representatives a list of claims of $1,000 or less paid during the preceding calendar year and shall be reimbursed by legislative appropriation for any claims that exceed the original appropriation provided to the commissioner to operate the injury protection program for uncompensated work experience participants. Any unspent money from this appropriation shall carry over to the second year of the biennium, and any unspent money remaining at the end of the second year shall be returned to the state general fund.
Subd. 5. Claims more than $1,000. On or before February 1 of each year, the commissioner shall submit to the appropriate committees of the senate and the house of representatives a list of claims in excess of $1,000 and a list of claims of $1,000 or less that were submitted to but not paid by the commissioner, together with any recommendations of appropriate compensation. These claims shall be heard and determined by the appropriate committees of the senate and house of representatives and, if approved, must be paid under the legislative claims procedure.
Subd. 6. Compensation for certain costs. Compensation paid under this section is limited to reimbursement for reasonable medical expenses and permanent partial disability compensation for disability in like amounts as allowed in section 176.101, subdivision 2a. Compensation for injuries resulting in death shall include reasonable medical expenses and burial expenses in addition to payment to the participant's estate in an amount up to $200,000. No compensation shall be paid under this section for pain and suffering, lost wages, or other benefits provided in chapter 176. Payments made under this section shall be reduced by any proceeds received by the claimant from any insurance policy covering the loss. For the purposes of this section, "insurance policy" does not include the medical assistance program authorized under chapter 256B.
Subd. 7. Exclusive procedure. The procedures established by this section apply to uncompensated work experience programs under subdivision 1 and are exclusive of all other legal, equitable, and statutory remedies against the state, its political subdivisions, or employees of the state or its political subdivisions under section 13.02, subdivision 11. The claimant shall not be entitled to seek damages from any state, county, tribal, or reservation insurance policy or self-insurance program. A provider who accepts or agrees to accept an injury protection program payment for services provided to an individual must not require any payment from the individual.
Subd. 8. Invalid claims. A claim is invalid for purposes of this section if the county agency or tribe responsible for placing a participant cannot verify to the commissioner:
(1) that appropriate safety training and information is provided to all persons being supervised by the uncompensated work experience site under this section; and
(2) that all programs under subdivision 1 comply with federal Occupational Safety and Health Administration and state Department of Labor and Industry safety standards. An invalid claim due to a failure to verify safety training or compliance with safety standards will not be paid by the Department of Human Services or through the legislative claims process and must be heard, decided, and paid, if appropriate, by the county agency or tribe responsible for placing the claimant.
1997 c 85 art 1 s 55; 2007 c 13 art 3 s 15; 2012 c 216 art 8 s 5; 2014 c 291 art 11 s 28-32; 2016 c 158 art 2 s 107; 1Sp2019 c 9 art 1 s 42
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 256J — Minnesota Family Investment Program
Section 256J.01 — Establishing Minnesota Family Investment Program.
Section 256J.02 — Federal Tanf Block Grant.
Section 256J.021 — Separate State Program For Use Of State Money.
Section 256J.06 — Community Involvement.
Section 256J.08 — Definitions.
Section 256J.09 — Applying For Assistance.
Section 256J.10 — Mfip Eligibility Requirements.
Section 256J.11 — Citizenship.
Section 256J.12 — Minnesota Residence.
Section 256J.13 — Minor Child In Assistance Unit; Physical Presence.
Section 256J.14 — Eligibility For Parenting Or Pregnant Minors.
Section 256J.15 — Other Eligibility Conditions.
Section 256J.21 — Income Limitations.
Section 256J.24 — Family Composition; Assistance Standards; Exit Level.
Section 256J.26 — Persons Ineligible; Vendor Payments.
Section 256J.28 — Supplemental Nutrition Assistance Program.
Section 256J.30 — Applicant And Participant Requirements And Responsibilities.
Section 256J.31 — Applicant And Participant Rights; County Agency Duty.
Section 256J.315 — County And Tribal Cooperation.
Section 256J.32 — Documenting, Verifying, And Recertifying Eligibility.
Section 256J.33 — Prospective And Retrospective Mfip Eligibility.
Section 256J.34 — Calculating Assistance Payments.
Section 256J.35 — Amount Of Assistance Payment.
Section 256J.351 — Housing Assistance Grants; Forecasted Program.
Section 256J.36 — Allocation For Unmet Need Of Other Household Members.
Section 256J.37 — Treatment Of Income And Lump Sums.
Section 256J.39 — Payment Provisions; Vendor Payments.
Section 256J.395 — Vendor Payment Of Shelter Costs And Utilities.
Section 256J.396 — Support From Parents Of Minor Caregivers Living Apart.
Section 256J.40 — Fair Hearings.
Section 256J.415 — Notice Of 12 Months Of Tanf Assistance Remaining.
Section 256J.42 — 60-month Time Limit; Exemptions.
Section 256J.425 — Hardship Extensions.
Section 256J.45 — Orientation.
Section 256J.49 — Employment And Training Services; Definitions.
Section 256J.50 — County Duties.
Section 256J.51 — Employment And Training Service Provider Appeal.
Section 256J.515 — Overview Of Employment And Training Services.
Section 256J.521 — Assessment; Employment Plans.
Section 256J.53 — Postsecondary Education As Approved Work Activity.
Section 256J.531 — Basic Education; English As A Second Language.
Section 256J.54 — Minor Parents; Employment Plan.
Section 256J.545 — Family Violence Waiver Criteria.
Section 256J.55 — Participant Requirements, Rights, And Expectations.
Section 256J.561 — Universal Participation Required.
Section 256J.57 — Good Cause Exemption From Sanction.
Section 256J.575 — Family Stabilization Services.
Section 256J.61 — Reporting Requirements.
Section 256J.621 — Work Participation Cash Benefits.
Section 256J.626 — Mfip Consolidated Fund.
Section 256J.645 — Indian Tribe Mfip Employment Services.
Section 256J.66 — On-the-job Training.
Section 256J.67 — Community Work Experience.
Section 256J.68 — Injury Protection For Work Experience Participants.
Section 256J.69 — Grant Diversion.
Section 256J.72 — Nondisplacement In Work Activities.
Section 256J.74 — Relationship To Other Programs.
Section 256J.75 — County Of Financial Responsibility Policies.
Section 256J.751 — County Performance Management.
Section 256J.77 — Aging Of Cash Benefits.
Section 256J.78 — Tanf Demonstration Projects Or Waiver From Federal Rules And Regulations.